Directive 2014/67/EU aims to safeguard an appropriate level of protection of the rights of posted workers in connection with cross-border provision of services under Directive 97/71/EU, in particular in respect of terms and conditions of employment applicable in the state where the services are provided.
Said directive was implemented in Finland by passing the Act on Posting Workers in June 2016. The Act on Posting Workers requires that the posting entity has a representative in Finland in case the term of the works in Finland exceeds 10 working days. When determining whether the said limit is reached, any work performed by the posting entity’s posted employees in Finland during the previous four months, calculated from the end of the current posting, are taken into consideration.
The representative shall be authorized to receive official documents and summons on behalf of the undertaking and to submit documents from the undertaking to the authorities and the courts. The representative shall also be authorized to represent the posting undertaking in Finnish courts of law.
Further, since 01 September 2017, the posting entity is required to submit a notification on posting workers to Finland with the occupational safety and health authority. The notification is not required in connection with a group-internal transfer, if the term of work in Finland does not exceed five working days. The aforementioned exemption is not applicable to the construction sector, within which a notification is always required. The notification shall include, inter alia, information on the term and place of the works, number of workers being posted, sector in which the posted workers work, and information on the posting entity.
In addition to having a local representative and submitting the notification with the occupational safety and health authorities, the posting entity is required to have certain information available in written form in Finland in relation to the posting and services carried out in Finland.
Please do contact us at MK-Law in case you need a representative in Finland for posting workers or assistance with filing the notification or collecting relevant information.